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PayPal blocks against the sales within Kuba, Zalando obliges frequently returning buyers to pay in advance. Chip interviews lawyer Hagen Hild, certified lawyer in IT Law and in Protection of Industrial Property about that topic.
Judgement of EuGH (European Court of Justice) of 16/06/2011, file number: C-65/09, C-87/09
In case that the consumer assembles a defective item in good faith in the efficiency for its intended purposes, the seller has to bear with the removal costs of the defective item and the costs of the installation of the replacement item as part of his guarantee obligation. In case that the caused costs have no relation to the value of a free of defects item, the liability of the seller may be limited to a reasonable amount.
Judgement of BGH (Supreme Court) of 13/01/2011, file number: III ZR 78/10
If a vehicle owner commissioned a car dealer for a commission with the sale of his vehicle, he must not pay an additional fee for the allocation and advertising of the vehicle. A contractual agreement to that effect is invalid, since it disadvantages the contractor unreasonably. He does not receive anything in return, the expenses for the successful presentation serve the interest of the dealer to come quickly to mediation and these are already included in the commission.
Judgement of OLG Frankfurt / Main (Higher Regional Court Frankfurt / Main) of 15/04/2010, file number: 6 U 49/09
Consumers have basically a right of withdrawal from distance contracts. This excludes, however, and according to § 312 b paragraph 3 BGB (German Civil Code) services related to carriage in case that this service should be provided within a defined period. With this exceptional rule, entrepreneurs should not be disproportionately burdened. In case that a buyer purchases a train ticket over the Internet and he has the possibility to make two single train journeys with this ticket within 11 weeks, than this exceptional rule would be...
Judgement of OLG Hamm (Higher Regional Court Hamm) of 04/06/2009, file number: 4 U 19/09
The judges in the OLG Hamm have decided that the advert statement of the seller assuring "original printer cartridges within 24 hours" is not delusive if the advertisement is linked with another web page on which will be informed that for a delivery within 24 hours a suitable order must have be settled at the latest 16.45 o'clock.
Judgement of BGH (Federal Supreme Court) of 16/07/2009, file number: I ZR 140/07
The Federal Court of Justice has decided that dispatch dealers also have to state the shipping costs when setting their products on so-called price search machines. Otherwise they would offend against the price regulation.
Judgement of OLG Hamm (HRC Hamm) of 10/12/2004, file number: 11 U 102/04
The seller cannot require the return of the product in the original packaging under use of the return adhesive label and returning certificate. The buyer merely obliges to pack the purchased good protecting it against typical transport dangers. Also a bulk discount and stock delivery reservation of “rare top wines” are illegal, § 307 BGB (German Civil Code).
Judgement of LG München I (Regional Court Munich I) of 07/04/2009, file number: 33 O 1936/08
Who buys and sells certain things which are not assigned to the everyday life, also on small scale, on eBay and also without profit achievement intention, is entrepreneur according to § 14 BGB (German Civil Code). This would be understood in particular if inspection dates have been agreed for the objects. Only low demands are to be made in this respect to the entrepreneur's quality.
Decision of LG Düsseldorf (Regional Court Dusseldorf) of 20/11/2008, file number: 38 O 61/08
The right of withdrawal can be substituted with a right to refund concerning the sales in an Internet platform. Indeed, neither the legal regulation §356 paragraph 1 BGB (German Civil Code) nor the consumer protection regulations reveals the need to advise of it on the conclusion of the contract.
Judgement of BGH (Federal Supreme Court) of 16/01/2009, file number: V ZR 133/08
A contradicting party, which requires from the other contracting party something that according to the contract is not owned, or which executes a right to alter a legal relationship that does not exist, violates its obligation to thoughtfulness according §241 paragraph 2 BGB (German Civil Code) and acts contrary to duty according to §280 paragraph 1 clause 1 BGB (German Civil Code).
